OK. Law re Assault, Battery, Self Defense.
There are big GAPS in factual info about exactly who did what, who said what, and when, and other facets of the events.
Thus it's difficult imo to make informed predictions about any CRIMINAL CHARGES that may be filed.
(Ditto TORT ACTION, e.g., wrongful death lawsuit, but that's another post all together.)
Might help focus our discussion by reviewing OK. Penal Code definitions of “assault” and “battery” and a section re lawful use of force to defend self or others.*
OK. Penal Code
“Section 641 - ASSAULT defined" (<-my CAPS)
“An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.”
“Section 642 - BATTERY defined" (<-my CAPS)
“A battery is any willful and unlawful use of force or violence upon the person of another.”
“Section 643 - FORCE against another not unlawful, when - SELF- DEFENSE - Defense of property" (<-my CAPS)
“To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases: …
3. When committed either by the person about to be injured, or by any other person in such person's aid or defense, in preventing or attempting to prevent an offense against such person, or any trespass or other unlawful interference with real or personal property in such person's lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;…”
That last clause is an important limitation on legally acceptable intensity of responding force.
If a person hurls a JetPuffed MARSHMALLOW hitting another person who responds by firing a GUN, that other person is using DISPROPORTIONATE FORCE.
If arrested for battery (gunshot wound) of the marshmallow hurler, the other person who responded w gunfire would have little or no chance at claiming self defense.
Too much missing info for me to offer any predictions. YMMV
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*
Oklahoma Statutes | Chapter 20 - ASSAULT AND BATTERY | Casetext
There are other OK. defense of self or others which are not app. to this case, so sbm above.